*1 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION
MATTHEW AMEZQUITA,
Petitioner, v. CASE NO. 3:16cv176-MCR/CAS STATE OF FLORIDA,
Respondent.
/
O R D E R
This matter is before the Court on the Report and Recommendation of the U.S.
Magistrate Judge dated May 8, 2017. ECF No. 16. The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant 28 U.S.C. § 636(b)(1). I have made a de novo review of any timely filed objections.
Having considered the Report and Recommendation, and any objections filed thereto, I have determined the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows :
1. The Report and Recommendation, ECF No. 16, is adopted and incorporated by reference in this Order.
Page 2 of 2 2. Respondent’s motion to dismiss, ECF No. 14, is GRANTED and the amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, ECF No. 8, is DISMISSED as untimely .
3. A certificate of appealability is DENIED pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases in the U.S. District Courts.
DONE AND ORDERED this 3rd day of July, 2017.
s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 3:16cv176-MCR/CAS